Terms of Use

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End User Agreement

This end user agreement ("Agreement") is a contract between you and {{schoolName}} and
if you rent books with {{schoolName}} and applies to your use of the {{schoolName}} website (the "Site" or "Website") and any related products and services
(collectively the "Service") provided by us or for our affiliates. This Agreement sets forth
your rights and obligations. Please read the Agreement carefully. In this Agreement, "you" or
"your" means any person or entity using the Service ("User"). Unless otherwise stated, the
"Store," "we", "us" or "our" will refer collectively to {{schoolName}} and if you rent
a book then it includes {{schoolName}}.

By clicking "I Agree," "I Accept," or by registering or using the Website and/or Service you
agree to the terms and conditions of this Agreement and the other policies incorporated into the
Website including, without limitation, our terms of use policy and our privacy policy. You agree
that this Agreement is legally binding between you and the Store.

The Store may amend, modify or change this Agreement and the terms of use and privacy policy from
time to time and such amendment, modification or change shall be effective upon posting of the
amendment, modification or change by the Store on the Website. You agree to be bound to any
changes to this Agreement, the terms of use or privacy policy when you use the Website or the
Service after any such amendment, modification or change is posted. You are responsible to
review the Website and this Agreement regularly to ensure you are aware of any changes.

Pricing, Fees & Payment

Prices on {{onlineRentalURL}} (whether to purchase or rent) are not guaranteed
until you check out using an acceptable credit card and the transaction is completed with
confirmation sent to you. All prices, shipping fees, and taxes will be clearly displayed
during checkout before you are required to finalize the transaction. To use the Service, you
must use a Visa, MasterCard, Discover, or American Express credit card that does not expire
prior to your Return Date plus 45 days. Your credit card will be charged prior to shipment
of the order.

By renting a book, you acknowledge and agree that Textbook Rental, for and on behalf of {{schoolName}}, will store your credit card information (encrypted) for the duration of
the rental period plus up to 45 days. You hereby permit us to record your Internet Protocol
("IP") address at the time of your payment, and you grant us permission to provide that
information to your credit card provider in the event that we are contacted by them
regarding your transaction. You hereby acknowledge and agree to any additional charges that
we deem necessary due to your misuse of the Service or default hereunder, including without
limitation any fees resulting from damage to the rental book(s), lost or stolen rental
book(s), late fees, extension fees, and/or fees for non-returned rental book(s). We are not
responsible for causing or refunding overdraft or other penalty fees a customer may receive
for going over their limit or being overdrawn.

Shipping

We will ship most orders within 2 business days of completion of your order, but we do
not guarantee the shipment time. Shipping fees will be clearly displayed during the
checkout procedure. You agree to not hold us responsible for any shipping delays or
damages during shipment. If you have purchased your book, the book becomes your property
once it has been delivered to a common carrier for delivery to you. If you are renting
your book, the book remains the property of {{schoolName}}.

Age and Residence

You must be 18 years of age or older and reside in the United States in order to register for an account with {{schoolName}} and to use the Service. The Service only supports shipments to the 48 contiguous US states and will not support shipments to Alaska or Hawaii. The Service also does not support shipments to military addresses. Your account may be terminated without warning if we believe that you do not meet these requirements.

Registration/Account

You must register for an account with us if you wish to use the Service. There is no
additional fee to open or to maintain an account. You must provide a name, valid
e-mail address and other information necessary to register. You agree to provide
true and accurate information to register with the Service. You agree not to
impersonate any person or entity or provide a false identity or attempt to
manipulate identifiers to mislead or disguise the origin of any information used to
access the Services. {{schoolName}} reserves the right to terminate your
use of the Service upon the discovery that the information you provided is not
complete or accurate. {{schoolName}} is not responsible for maintaining
the security of your username and password. It is your responsibility to notify us
through {{schoolName}} if you believe your username or password have been
compromised or used in an unauthorized manner. {{schoolName}} assumes no
responsibility, liability or obligation for any loss or damage resulting from your
failure to comply with the security of your username and/or password. {{schoolName}} has the right to terminate your account for any or no reason at our
sole discretion.

Email Notification

You agree that any notifications or receipts from {{schoolName}} will
be delivered to you by email at the email address you provided during
registration or as later updated by you. You hereby agree and acknowledge that
you are responsible for complying with the Return Date(s) whether we have
emailed you or not. You acknowledge that we will not ask you for your personal
information, account username, password, or any credit card information via
email. Neither the Store nor {{schoolName}} will have any liability or
responsibility for any misuse of such information if you provide such
information via email.

Refunds

You can return books for a full refund through the first Friday after your
session starts (Ex: class starts Monday, Aug. 26th, you can refund through
Friday, Aug. 30th). If you drop a class, you can return the book for a full
refund through the add/drop date. The add/drop date is different than the
withdrawal date. The add/drop date for a full semester class is usually 10
business days after the start of class and 5 business days after the start
of class for partial semester classes. Please check the academic calendar on
the school website to make sure that you know the exact add/drop date for
your school.

Refunds are as simple as coming into your local {{schoolName}}
location and returning the book for a full refund by the Return deadline
specified above. Refunds are issued to your original method of payment, and
the amount of the refund will be the rental price less shipping costs. If
you received a book other than what you ordered, then you will not be
charged for shipping costs. Refunds can take up to five business days to
post to your account.

Books must be returned in same conditions as received and unused by you and
include the supplements that were sent to you along with the book. If there
is any damage then the damage fees noted in this Agreement will apply. After
the Return Date deadline, the rental is absolute and unconditional and not
subject to any reduction, abatement, defense, counterclaim, cancellation,
setoff or return.

Indemnity

You agree to defend, indemnify, and hold harmless {{schoolName}} and our affiliates, our officers, directors, employees,
subsidiaries, affiliates and agents from and against any claims,
demands, actions, suits, proceedings, costs, expenses, damages and
liabilities, at law or in equity, including without limitation,
reasonable legal and accounting fees, made by any third party arising
out of, connected with, or resulting from your use of the Website,
rental of books or other use of the Service and/or any breach of your
representations and warranties set forth in this Agreement. Your
obligations hereunder will survive the expiration of this Agreement with
respect to omissions or acts or events occurring or alleged to have been
omitted or occurred prior to the return of the rental book to us at the
end of the rental term plus the 45 day period.

Rental Specific Terms and Conditions

In the case of a rental you agree that the above terms and conditions
will apply and that the following provisions will also apply to a
rental.

Return Date for Rental Books

By renting a book, you are accepting responsibility to return it
by the Return Date. Your Return Date will be clearly displayed
at checkout, and is also available in your
{{schoolWebsite}} account information.

Changing Your Return Date, or Purchasing Your Textbook

If you wish to convert your rental to a purchase, or if you
wish to extend your rental period for a fee, please email us with
your request or to receive a price quote.

Returning Your Rental Book ("Return Procedure")

You agree that you will return your rental book(s) to us
by the Return Date. Please return your book to your
{{schoolName}} location. Our location address
and contact information is available on the website
under the "Contact Us" tab and "Locations" tab.

We are not responsible for rental books that are not
returned using our Return Procedure as published on our
Website at the time of your return. For refunds, please
refer to the "Refunds" section of the Agreement.

Textbook Maintenance and Care

Rental books that are NEW will include all
supplements, such as, online access codes, access
keys, inserts, and CD ROM(s). If your rental book is
sent to you with supplements, you must return those
supplements to us when you return the book.
You acknowledge that certain supplements are
designed to be used only once, and that therefore if
you select to rent a used book, those supplements
may not be accessible to you. You agree that the
Store is not required to provide you with
operational access codes in the event that you
select to rent a used book

Rental books are your responsibility during the term
hereof and you need to care for the book and return
it to us in a condition where the book(s) can be
rented again in the future. As such, you agree to
the following:

Writing in the rental book(s) is not allowed

Limited highlighting in the rental book(s) is
allowed. Limited highlighting means that fewer
than 20% of the pages are marked with a
highlighter, and the text is not obscured.

Underlining in the rental book is not allowed

You also agree to preserve the pages and covers of
the rental book(s) from rips, tears, and water
damage. Violations of this policy may result in
damage fees as detailed in the section entitled
"Damage Fees".

If you receive a book from us that you believe is
already damaged, it is your responsibility to
contact us within 5 days of receiving your book so
that our customer service representatives can solve
the problem with you.

Damage Fees

We require rental books to be returned to us in
good condition or better so that the book may be
rented again in the future. Guidelines are
detailed below to determine whether the rental
book has no damage, minor damage, or major
damage. All Damage Fees assessed are at the sole
discretion of the Store, and are in addition to
the Rental Price and any other charges that were
paid at checkout.

No Damage - Pages of the book are free from
handwriting, underlining and other markings,
and are not ripped, torn, stained, or
missing. There is either no highlighting in
the book, or a limited amount of
highlighting where fewer than 20% of the
pages are marked. There is no water damage.
Covers of the book are intact and are not
creased, torn, or bent. Spine of the book is
undamaged. Damage fees will not be assessed
for gentle use of the book resulting in
shelf wear or other slight wear. All
supplemental materials provided must be
returned with the book.

Minor Damage (Flat Fee of $15.00)

-
Covers are intact and in good condition. All
pages are intact, the text is not obscured,
and there is no water damage. There is
copious highlighting and/or other markings
(such as notes in the margins or
underlining) on more than 20% of the pages.
Minor Damage fee also applies to books that
are returned without supplemental materials
(such as CD’s, DVD’s, or other inserts).

Major Damage (Fee of the original list
price of the book less the initial rental
fee paid by you)

- If your rental book is
returned to us in an unusable condition,
you will be charged the full list
purchase price of the book at time of
initial rental less the original rental
fee that you paid so that the book may
be replaced. The damaged book will be
recycled by us and not returned to you.
Examples of Major Damage include water
damage, stained or missing pages, torn
or missing cover(s), highlighting or
other markings that obscure the text
and/or are present on more than 33% of
the pages of the book, or any other
condition rendering the book
unusable.

The pictures below are examples of Major
Damage:

Writing in book

Water Damage

Damage to Spine and Binding

Non-Return Fees

If each rental book still has not been
returned by the date granted under the
extension, each rental book will be deemed
unreturned and you will be charged the list
purchase price of each book at the time of
initial rental less the amount of your
rental, plus any applicable taxes.

You agree that you are responsible for each
rental book if it is lost or stolen, and you
agree to pay for replacing each lost or
stolen book. The replacement cost is
calculated as the list purchase price of the
book at the time of initial rental less the
cost you paid to rent the book, plus any
applicable taxes.

You agree that we may, at our sole
discretion, send your account to a
collection agency if you fail to pay all
fees due and owing to us. We will disclose
your personal information to the collection
agency without your consent to protect or
enforce our rights, to protect or enforce
the rights of a third party, or as required
by law. All accounts that are sent to a
collection agency are subject to an
additional $25.00 fee.

Miscellaneous

All notices, authorizations, and requests
shall be deemed given on receipt or posting
on our Website. The failure of {{schoolName}} to enforce any right or
provision of this Agreement shall not
constitute a waiver of such right or
provision. If any provision of this
Agreement is declared invalid, illegal or
unenforceable, all remaining provisions
shall continue in full force and effect.

This Agreement applies to you and may not be
transferred, assigned or delegated to anyone
without the express prior written permission
of {{schoolName}}. Any attempt by
you to assign, transfer or delegate this
Agreement without the express written
permission of {{schoolName}} shall
be null and void.

You will, at your sole expense, keep the
rental book free and clear of all levies,
liens and encumbrances. You will declare and
pay to the appropriate governmental
authorities when due all license fees,
registration fees, assessments, charges,
taxes and the like pertaining in any way to
the rental book, whether municipal, state or
federal (foreign and domestic), including,
but not limited to, sales, use, excise and
property taxes and penalties and interest
with respect thereto (excluding, however,
any taxes measured solely by our net
income). You shall provide evidence of any
payment hereunder upon request by us, and
shall immediately reimburse us for all
amounts paid by us.

This Agreement shall be governed by the law
of the State of Utah, USA, without regard to
its conflicts of law provisions. The state
courts of Utah shall have exclusive
jurisdiction and venue over any dispute
arising out of this Agreement, and each
party hereby consents to the jurisdiction
and venue of such courts. Nonperformance of
either party, except for the making of
payments, shall be excused to the extent
that performance is delayed or rendered
impossible by any reason where failure to
perform is beyond the reasonable control of
the non-performing party. This Agreement
along with the Terms of Use and the Privacy
Policy of the website
{{schoolWebsite}} comprise the
entire agreement between you and {{schoolName}} with respect to the use of the
Service and supersedes all prior agreements
between the parties regarding the subject
matter contained herein (including any prior
versions of this Agreement).

Limitations

{{schoolName}} FOR ITSELF AND
ITS AFFILIATES SPECIFICALLY DISCLAIMS
ANY AND ALL EXPRESS, IMPLIED OR
STATUTORY WARRANTIES, INCLUDING THE
IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, OF MERCHANTABILITY
AND AGAINST INFRINGEMENT. IN NO EVENT
SHALL THE STORE BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER
ARISING IN CONTRACT OR TORT (INCLUDING
NEGLIGENCE) ARISING OUT OF OR RELATED TO
THE USE OR INABILITY TO USE THE WEBSITE
OR THE SERVICE, EVEN IF THE STORE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU AGREE THAT THE STORE'S
ENTIRE LIABILITY UNDER THIS AGREEMENT
SHALL NOT EXCEED, IN THE AGGREGATE, THE
GREATER OF THE VALUE OF GOODS OR
SERVICES PURCHASED THROUGH THE WEBSITE
BY YOU OR $1.00.

For rental book(s), to the fullest extent
permitted by applicable law, you hereby
waive any and all rights and remedies
conferred upon a renter/lessee by
sections 2A-508 through 2A-522 of the
Uniform Commercial Code (""UCC"") in
force and effect in the State of Utah,
including, but not limited to, your
rights to: (i) cancel or repudiate this
Agreement; (ii) reject or revoke
acceptance of the textbook after you
have received and accepted such
textbook; (iii) grant a security
interest in the textbook in your
possession or control for any reason;
(iv) deduct all or any part of any
claimed damages resulting from your
default, if any, under this Agreement;
(v) accept partial delivery of the
textbook; (vi) ""cover"" by making any
purchase or rental of or contract to
purchase or rent textbooks in
substitution for those referred to in
this Agreement during the term of this
Agreement; (vii) recover any general,
special, incidental or consequential
damages, for any reason whatsoever; and
(viii) specific performance, replevin,
detinue, sequestration, claim and
delivery or the like for any textbook
identified to this Agreement. To the
fullest extent permitted by applicable
law, you also hereby waive any rights
now or hereafter conferred by statute or
otherwise which may require the Store to
sell, rent/lease or otherwise use any
textbook in mitigation of your damages
as set forth in this Agreement or which
may otherwise limit or modify any of
your rights or remedies hereunder.